Legal Question in Credit and Debt Law in California

Bad check restitution program

I would like to know what will happen if I do not choose to pay for and attend the bad check restitution program? I have received an official notice from the DA, but the check was only for $35.00 and I don't have any criminal history. I live on a fixed income and this would be a hardship for my family financially. Any help or advice would be appreciated. I really don't want to pay a fine or face jail time as is threatened in the notice. Thank you.


Asked on 12/10/05, 10:34 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Bad check restitution program

It is really up to the prosecutor to decide whether or not to charge you with a crime, but I wouldn't blow this off. Even if they decide not to charge you with a crime, the retailer can sue you in small claims court.

The retailer can get a judgment for the amount of the check as well as a penalty of up to 3 times the face value of the check. The minimum penalty is $100 and the maximum is $1500. For a $35 check, the court could award the retailer a judgment of up to $140.

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Answered on 12/10/05, 11:34 am


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